Human Rights Tribunal of Ontario
B E T W E E N:
Kenol Emile Applicant
-and-
The World Impact Ministries Inc. Respondent
INTERIM DECISION
Adjudicator: Douglas Sanderson Date: July 21, 2015 Citation: 2015 HRTO 964 Indexed as: Emile v. The World Impact Ministries Inc.
WRITTEN SUBMISSIONS
Kenol Emile, Applicant Wade Poziomka, Counsel
The World Impact Ministries Inc., Respondent Megen Thurber, Representative
1This is an Application filed on under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability.
2On March 23, 2015, the applicant filed a Request for an Order During Proceedings seeking to amend the Application by adding additional prohibited grounds of discrimination and the respondent filed a Response to a Request for Order opposing the request. Upon review of the Application, however, that the Application may not be within the Tribunal’s jurisdiction. The material filed by the parties indicate that the applicant was employed by World Media Ministries, formerly World Impact Ministries (“WIM”) as the editor for a religious television channel, and then by the respondent, The World Impact Ministries Inc., after WIM’s employees were transferred to the respondent. The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. Pursuant to section 92(10)(a) and of the Constitution Act, 1867, (U.K.), 30 & 31 Victoria, c. 3, the Canadian Parliament (“Parliament”) has jurisdiction over television broadcasting, which was confirmed in several court decisions: Irwin Toy Ltd. v. Quebec (Attorney General), 1989 CanLII 87 (SCC), [1989] 1 S.C.R. 927; Re C.F.R.B. and Attorney-General for Canada, 1973 CanLII 788 (ON CA), [1973] 3 O.R. 819 (C.A.); Capital Cities Communications Inc. v. Canadian Radio-Television Commission, 1977 CanLII 12 (SCC), [1978] 2 S.C.R. 141.
3Accordingly, the Tribunal directed the parties to file and deliver submissions regarding whether the respondent is a federally regulated enterprise in a Case Assessment Direction dated May 4, 2015.
Submissions
4In brief submissions, filed on May 22, 2015, the respondent submitted that it is the owner of a federally regulated television channel.
5The applicant submitted that she was employed by World Media Ministries in 2009 and that